Omaha Personal-Injury Lawyer Discusses Your Options If Hit by an Uninsured Driver in Nebraska
It is every driver’s worst nightmare: An uninsured motorist strikes your vehicle and injures you. In addition to the immediate pain, you face the possibility that the liable party cannot pay for your health-care costs, lost income and other damages.
Unfortunately, this scenario plays out more often than people realize. The Statistic Brain Research Institute shares some scary facts from 2013: At least 16.1 percent of drivers were uninsured, and 40 percent of cars older than 15 years did not have any coverage.
Car accident injuries can cost a veritable fortunate to treat, but you should not have to declare bankruptcy due to another driver’s reckless actions. If you were injured by an uninsured or underinsured motorist in Nebraska, contact Rensch & Rensch Law.
An accident attorney in Omaha can investigate your crash and explain your options. Our lawyers have more than 45 years of combined legal experience.
Call 1-800-471-4100 to schedule a consultation. You can also visit www.USAttorneys.com to learn more about car accident claims in Nebraska.
Here are two options you should consider if you were injured in a crash with an uninsured or underinsured driver:
Suing the Driver
It is usually a bad idea to sue an uninsured driver. Most of them do not have the money or assets to justify a lawsuit.
Even if you win the case, you probably will not recover much money. If the defendant does not make a payment, you have the right to return to court; however, this will not make much difference if the defendant does not have the financial means to make the payments.
If the uninsured driver has money or assets, the court may consider a payment plan. This usually requires the defendant to pay the plaintiff a specific amount each week. Unfortunately, that payment is often too low to cover expensive medical treatment.
It is important to investigate the uninsured driver before filing a lawsuit. He or she may own some hidden assets, which you may be able to find in a credit and asset check. If the driver does have some assets, then it may be possible to claim from them. Your personal-injury lawyer can file a lien to freeze those assets during litigation.
Claiming against Your Own Insurance
It may be wiser to claim against your own insurance company if you have uninsured motorist coverage. You should do this as soon as possible. Notify your insurance provider immediately if you find out the other driver is not insured. According to the Nebraska Legislature, you have four years to file a claim of personal injury against the uninsured driver, but you should not delay.
Uninsured motorist claims are similar to regular accident claims; however, you are claiming against your own insurance provider. You cannot sue your insurer if there is a settlement dispute. Instead, your case will go to binding arbitration.
If these efforts at mediation do not settle the dispute, a panel of arbitrators will review the claim. Unlike settling regular accident claims in court, you will not have the right to appeal if you lose in arbitration.
If you were injured by an uninsured motorist, contact Rensch & Rensch Law. An Omaha accident attorney can guide you through the claims process. Call 1-800-471-4100 to schedule a consultation.
